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HomeMy WebLinkAbout10062014 City Council Work Session Notes - Bald Lease WORK SESSION NOTES ON c Osac e_ L .;_o\Li j , 67b Purpose: LOT 6;1k-0 \\I\A-9-u.)Pc \Oc ) I,�?t'S SPr s AUS6C, Present. • _ __ - ` Council Members Present: • _ - . thea ���� Called by: 0Q '� )( Time S' Q,, Date 1 O-lo— �O V-� ****�k�k�k�kC **lk** **vk ` *.a*L k* (**.I* k* k ****,*�k*********** Off\ Q lJ� ChJ liVY ru N Q____ o A LC o,cce-ss - r 03-T 4 gall) - r y - " ASD 03 A L -- c 141‘ 0eAA-N r5Stk.(2_,ChAvi Ati LOS T — 1.. ... ti . 111111111 ‘: \ " ! . . it % \' 1 ' i ' el AV 1 1 rr C. _/ I t t.: j / t 1 . .. .. ._�.�,k - _- ____16 ot r> I D 1 1. . if 1 , 1 • ..._ _ ___\ " , , . _._. _._. „ . ,........„ 61 i. TIMPSSw_ ^ !fi t t • -i,' — -. _� € ` _ Sew► • i 11101 #112. . • ii 1,. • - ..... litt efi4K 1",' ilf , .4 4 r s,. , -..} -5. .=, , ... .,,... ..,... , i . ... .. . . .. , ,... .. • ,.. ..... k „, • •• _.,. ..i . • •• 1. 111 ,.,_ •• * 7 4 k , '' , .. , Vt. '-•• „ ! •,..:or -E I. • m. 1-.r 44' . •‘•–7"----, .!" 's, 4 i .. t . .. 1 ''4,. ,., •0 e I - t I , ..,, .. I 7 ' 1 ...- ,, . , _ - . ...„- . „ ,.., . . . .. _..... _..... _ 4 ' . • ... 10 a k 17. 0...E.37.1 • . . ! 1\ CD 4' a . - , —- . @R , •, • • ".,,e; , I I : , i , 4 IT „ilk ; South Harbor St w 0 1 orw 11 r Mir 1 Easement „rt. ill IS ` o. 5 5Ba jiimiiii a 5'r 50'Utility.,a11E„ 1 111: le II . 114,0 T Easement , i BLOCK 1 to ` LOT ? a ' 1~ a) T S. 14;1_ 'IF Z E Q rr a3 7§ & I ilif a Easement ea = 20' Walkway a 1 ••► j N F 4, 1 4* iwo Ift tri L 4. .1 (P 7 1A tiii t- li . iii4 UI� - r ill40,,0+4,3 . 4111.. to. 10'Utility Easement f South Harbor St I 411110 ' Marina Subdivision 041.4 OFF Lots 5A, 5B, Block 1 , Small Boat Harbor Subd 60 1) 0 20 40 80 Feet tnsKP i t t t l t t t i Date Saved 10/2/2014 12:19:24 PM /2 , l T . ... _..,. -...: ' 1 f... 1.::. '1' i ''''''''''' ''''' ,11 7. i Iii , is -.. t 4 t'� 41111e •WEL A to feet r/�"" Y A Eni foot remnt e Approx.Property Comer Block 1, Marina Subd. View Looking South ., __, .. _ i 1 . . . , . ... . NA : I Ill - ) . + A I '' ) 11 r--s'' —:::sl 7.' ) tl 41116* ,: S y i 1 , it', .iaro l _ �1 4 fp - I / , .,,, - AMA 1 " ry Rear Access Looking North Y N Mil Mil Mr & : :Wil, . .... ...... . Johanna Kinney From: Mack Funk Sent: Friday, October 03, 2014 8:30 AM To: Johanna Kinney;Jim Hunt Cc: Ron Long Subject: RE: Marina Restaurant Johanna Scott Bald plans to call us on 224-4044 for Monday night's work session Mack Funk Harbormaster mfunk@cityofseward.net www.cityofseward.us From: Johanna Kinney Sent: Tuesday, September 23, 2014 10:09 AM To: Mack Funk; Jim Hunt Cc: Ron Long Subject: RE: Marina Restaurant Hi, We can make that happen. It's not the best sound quality,though....but whatever is preferred we can make happen. We can call him, or he can call us. I will plan to set up the 224-4044 line if his preference would be to call us.... Johanna Kinney From: Mack Funk Sent: Tuesday, September 23, 2014 9:12 AM To: Jim Hunt Cc: Ron Long; Johanna Kinney Subject: Marina Restaurant Jim, This morning, after last night's meeting, I spoke with title agent Kristi Larson, Bald's power of attorney Pam Humphrey 224-3464, and finally Mr. Bald himself. 491-1384 or 208-446-3735 I advised him of the work session on Oct 6 at 5:30. I told him we would try to provide a phone line that he can use to call in to listen/participate in the work session. How does that sound? t 4� - Mack Funk Harbormaster City of Seward 1 MacSwain Associates LLC , Subject Property Data, Analysis, & Valuation: Parcel 19 Lessee: Scott Bald Property Sublessee: Bardarson and Diamond Willow (access rental) Identification 84-040 Lease No: Location: SWC of Fourth Avenue and North Harbor Street, Seward, Alaska liLegal Description: Lot 6, Block 1, Marina Subdivision Current Use: Restaurant Subject Property IPhotograph I ,_ ,,�„� 2 , r,'� 4 {�{ I�r ti,�, ! � fs 1 {{ L i 'si•r''`'''''.;(14?:-'1."' 1 t ' f' r:Y* .s e�Y r . !1 �;y tft - •. lylllf ii .� 1N1�1gqryA�I all., .F_ar OM�; 1 ...�k.��.1'1.111;S7i1;'hE;ii -4 -i.:.. IDate Inspected: March 12, 2010 Inspection Data I Inspected By: Steve MacSwain Representative: Lessee felt his land value was ' "worth" $125,000. Sale History No known sales in the past three years. Leasehold interest is "For Sale" at$300,000 asking price. 11,11.11. 10-2000: City of Seward Leases 97 MacSwain Associates LLC I Site Description Site Size/Shape: 8,357 SF/rectangular Water Frontage: None Access/Street Improvements: Fourth Avenue and North Harbor with curbs, gutters, street lights, and sidewalks Utilities: Public Water: City of Seward I � Public Sewer: City of Seward Electricity: Seward Public Utilities Telephone: TelAlaska Topography: Level and at street grade IEasements and Restrictions: Private access easement to rear Other Features: Corner lot, Limited Access Easement Zoning: Harbor Commercial (HC) Parking: None required. Public parking nearby. Assessor No: 147-310-06 Assessment Data 2009 Mill Rate: 8.12 2010 Assessment Value: Land Building Total $112,300 $98,700 $211,000 ($13/SF) The demand for land near the Small Boat Harbor remains strong with a Highest and Best Use (HABU) Analysis As limited supply of land available. On the down side, demand is seasonal which would make it difficult to absorb a significant increase Vacant in supply. Market analysis of the existing and contemplated land uses 98 10-2000: City of Seward Leases jMacSwain Associates LLC I ' further suggests the highest and best use of the subject would be marine commercial. Market Analysis and From the market data discussed in Chapter 7, we have selected the Property Valuation following comparables as being the best data available. Table of Comparables Compared to Parcel 19 No Location Sale Date Sale Price Size (SF) Price/SF 2 NWC of Ballaine Blvd. and 8/07 $532,500 21,300 $25.00 Railway Ave. 3 NWC of 4t Ave. and 6/04 $157,000 14,120 $11.15 D Street - 6 SEC of Port Ave. and SBH 9/06 $242,000 22,017 $11.00 9 SWC of Resurrection Blvd 8/03 $220,000 19,633 $11.20 and Seward Highway SWC 4th Ave. and N/A N/A 8,357 N/A N. Harbor Street Comparable No. 2 is a commercial parcel in downtown Seward which Comparative Land Value Analysis sold for $25 per square foot in 2007. This 21,300 square foot parcel has an excellent view of Resurrection Bay. Although location is inferior, a downward adjustment is necessary for view. Comparable Nos. 3, 6, and 9 are all located in the SBH neighborhood and sold for approximately $11/SF. These sales need to be adjusted upward for market conditions. These comparables are rated inferior for larger size and location. Overall, these sales are rated inferior. Land Value Based on the preceding discussion and making the necessary Conclusion comparative adjustments, the market value is estimated at $15 to $17 per square foot range. This develops: 8,357 SF at$15/SF = $125,355 8,357 SF at$17/SF= $142,069 Land Value $135,000 (Rd) 10-2000: City of Seward Leases 99 ,/ Appraisal for 2010 at $16.00 per square foot 10' X 87' = 870 square feet 870 X $16.00 = $13,920.00 $13,920.00 X .08 = 1113.60 '31 b+ HIL A117Of ,o z6 r ....6, »p M9fy R O f!'' 1, �, u• �► '4 ,L fao,+nof sa�f � N it Sunfsix,3 c m o I e w o, n• a ‘4 ct !t; - -"-- 3 4 1 0 or d e l i -41- _-----7---- V / _ d/ I Cf o -- r`7207g x az g = O L8 xQ> — — f ine051 ?IV- 1 12 . .1111.1114111111111110144F 1114 emismsmommissomasiog".........6 daW— *V- a p v11 of ty* Sponsored by: Corbridge CITY OF SEWARD,ALASKA RESOLUTION 2006-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONSENTING TO THE TERMINATION OF LEASE WITH DOT AND LINNE BARDARSON AND ENTERING INTO A NEW LEASE WITH JURIS MINDENBERGS, OF LOT 5B, BLOCK 1, SMALL BOAT HARBOR SUBDIVISION WHEREAS, the City of Seward entered into a Lease Agreement with Dot and Linne Bardarson effective April 2004 for lease of Lot 5B,Block 1, Seward Small Boat Harbor Subdivision containing 4250 sq. ft more or less and as further described in the Lease; WHEREAS,on August 22,2005 the City Council adopted Resolution 2005-69 authorizing the City Manager to terminate the Lease and enter into a new Lease with Mark and Yolanda Ifflander; and WHEREAS,in October 2005 the City received written notice from the Bardarson's that the proposed sale to the Ifflanders was terminated and requesting a termination of the Lease in conjunction with a sale to Juris Mindenbergs; and WHEREAS, Juris Mindenbergs desires to enter into a new Lease with the City in conjunction with his purchase of property from Dot and Linne Bardarson; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City Manager is authorized to execute a Tennination of Lease with Dot and Linne Bardarson and to execute a new Lease with Juris Mindenbergs,each in substantially the form as presented at this meeting. Section 2. Resolution 2005-69 is hereby rescinded in its entirety. Section 3. This resolution shall take effect 30 days from the date and posting of adoption and the authorization herein shall expire if the lease termination and new lease are not executed by all parties by March 1, 2006. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 23rd day of January, 2006. -- ---• CITY OF SEWARD,ALASKA RESOLUTION 2006-008 THE CITY OF SEWARD,ALASKA Vanta Shafer,Mayor AYES: Valdatta,Lorenz,Thomas, Schafer,Bardarson, Shafer NOES: None ABSENT: Dunham ABSTAIN: None ATTEST: /1\..) ��� e ��2N^lyt0�•.� Je./ ewis, CMC, i Cje `- n ; 111 '▪ .. • • • C' ° I 0 f., '"k COUNCIL AGENDA STATEMENT Meeting Date: January 23, 2005 Through: Clark Corbridge, City Manager 4.y From: Scott Ransom,Harbormaster Agenda Item: Consenting to a Termination of Lease with Dot and Linne Bardarson, and entering into a new Lease with Juris Mindenbergs of Lot 5B, Block 1, Seward Small Boat Harbor Subdivision. BACKGROUND &JUSTIFICATION: Dot and Linne Bardarson entered into a lease with the City of Seward effective April 2004 for a lot in the harbor area. This Lease encompasses Lot 5B,Block 1, Seward Small Boat Harbor Subdivision in the Seward Recording District. The Bardarsons request the City Council's consent to terminate the Lease at the time a sale of property closes between the Bardarsons and Juris Mindenbergs. The Juris Mindenbergs in turn request a new lease of the same real property. The Lease Termination with the Bardarsons and form of new Lease with the Juris Mindenbergs would be in substantially the form presented at this meeting. If approved by City Council, the consent to terminate the Bardarson's lease and enter into a new lease will be effective in 30 days. The termination and new lease would be signed when the sale occurs between the parties,and the City Council's consent would expire March 1, 2006 if the sale has not closed by that date. Resolution 2006-8 also terminates Resolution 2005-69. The resolution approved by the City Council on August 22,2005 authorized a new lease with Mark&Yolanda Ifflander. Since that time,the City was notified that the potential sale to the Ifflanders will not occur. The City recently conducted appraisals of its rental property and new rental rates are now in effect, based on fair market rental values. The assignment and release will not decrease the rent paid to the City. The new lease includes an annual adjustment to rent based on the Anchorage Consumer Price Index. CONSISTENCY CHECKLIST: 1. Comprehensive Plan X Economic Development,Small Boat Harbor Development:expand and maximize potential of the existing harbor. 2. Strategic Plan X Growth Management and Land Use Planning:Promote residential and commercial development inside the city 3. Other: Municipal Lands Management Plan X Leases: ...continue to dispose of commercial and industrial lands through long term leases... Small Boat Harbor Management Plan Lands:...ensure that existing lease sites are fulb,developed... FISCAL NOTE: The rent is Five Thousand Six Hundred Dollars ($5,600.00) annually, subject to fair market value Seward CZ a' Counci Work Session Packet Rear Access, Block 1 Marina Subdivision October 6, 2014 City Council Chambers Beginning at 5:30 p.m. V. sew e4C,-z't ��A51�P Seward City Council Work Session Rear Access in Block 1, Marina Subdivision October 6, 2014 i:30p.m. City Council Chambers Aerial Block 1,Marina Subdivision Property lines and recorded easements are shown in as accurate positioning as possible Page 1 Photo,Block 1 looking south Page 2 Photo, Block 1 looking north Page 3 Development Requirement Table Page 4 History and Platting of Block 1, Marina Subdivision Page 6 Recorded Plats for Block 1, Marina Subdivision Page 9 Dot Bardarson request for assistance and Council Minutes 10/24/1988 Page 15 Limited Rear Access agreement Lot 5A Table of Contents and excerpt from Lease 2009-095 Lot 5A, Block 1 Darling Family Trust Page 18 Public Comment received 9/22/2014 Page 20 wow 06,40 .c W South Harbor St gib t 41,4,Ilk gy s, 0 * MO rat 'T , mai illedi S. ]$ 999iii11i ,,„„ t ef, Easement IN% t a 1 $ I i 5 Ala" 'x 50'Utility Easement 1 4111 40 .,;„, ,, ,,,. LOT OH . w. C (1) 00., .", i! E a I N 5 x 40'Mthly _ , , u Ea - I 3 - o Cb 14. 'p :40 ; N 1 x to'1 A �. 4r^= . 10'Utility Easement , South Harbor St illiak 4 - ' I ' millILL ,. fill" ' Marina Subdivision e�� Lots 5A, 5B, Block 1 , Small Boat Harbor Subd �t �,'' '� =a 0 20 40 80 Feet q P I I I I I I I I I Date Saved. 10/2/2014 12:19:24 PM x i , i ._ 1 n f. i,, it ! ff. Orin :,-. . �yw '7 3 {, {i s } . E ' r [I }1 5ADM1�►a • C m , ti-I t 2 m j s' , :,,,,.„,,,.,..,,,, I.' ... ., aillic e s 1)14,e, Z r.I Lj f ,s 1 V I M --, o t � . C in V ft" i .., ,m ms's *SW w f 1114 s. 11)W ...illti :mo P0-1-e-, 3 PLANNING AND LAND USE REGULATIONS N c'N N N lI z -O o . w.ti o o N O 0 N O LC � _C� O z Z . CD U O O 'y N N O O N 311 O Ili O O O O O C C O o cv 3 .... O al QJ N d d .tl •• •4. C co '� O O O O O En 0Ocn ooz z z z z fi rte+ CC > CD jfli z z z Z a E $4 m �OOOy •i O 0 O _ 'C" O N 111 a `J CO o to o O yt y * o CA o m CA (l a) OO a) O O I o f ygg 0 0 0 G) O C 0 O o A > 0'5- e*eO•) CV N I `* o CSI C•l 4 a 40 8 d O O O o 0 0 0 O C) ' O o . 2 N N . .-i - N v ei C - ✓ti VS O)> CC If_' r--4 G 4, * o .O-+ * 4-.4 a) c4 m^" •% C O ., ., N co O C O .C-i co. N co so c') cos 'tom ^-■ a) 0 0 d O O cC C O o co '-i a, c4 •C CD O , +.° N N O O c . .--■ N CO 0 C O N N O O 0 0 CO 'tJ N L+ O .-' a' .-' e, r. . a) .+ K C) y N O U X U '� r .'G .)L p ..: c) m ° g a ° W, z m ca "6 6,: N d +CD j ..,0 J N C) d d 7 as C'y %m m d '° N a " K Qec .-x w,t C y co n co I n C Cn Q d", ti. . cos s.cd ` ) mN ' U •- ^ W ° a m d CD - `4 732 C dYu .n 'n ° J z m d o co p y =C m C ° 0 U CC C 0 v . =o e Q 0 o ? m a cq ° m cd. a 7 0 a ° -. 7 0 z a [ c��l Ez E E w Ezy m .E oi6 c Ez E = E E , Em N �: 2. z �. : ° g6 .mac �C Z O Supplement No. 11-1 15-62 iitli L 1/ $411161' PLANNING AND LAND USE REGULATIONS Table 15.10.220. Development Requirements—Notes NOTE I. Within the HC District,in the area bounded by Fourth Avenue,the boat launch ramp, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR and AC Districts,from the Seward Highway/Phoenix Road intersection—South, 6,000 SF and north, 7,000 SF with 60 and 70 foot minimum frontages respectively, for single-family residences. C. A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right-of-way. D. In the R1,R2,R3,UR,OR and AC Districts,individual originally platted lots of at least 3,000 SF in the Original Townsite,Federal Addition,Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. E. Multi-family developments with three—four units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said low districts require an additional 1,200 SF per unit of five or more units. NOME 3. See Notes 2-D and 2-E above. NOTE 4. From Seward Highway/Phoenix Road intersection—South, a five-foot setback, each side;north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. clik„., NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels abutting the waterfront boardwalk—Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark—Ten feet.,4( NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an RI district, except for a long term care facility, aka skilled nursing care facility. (Ord. 2007-009, § 1, 2007) Supplement No. 11-1 15-63 History and Platting of Block 1, Marina Subdivision Block 1, Marina Subdivision was platted in 1966. The plat contained Lots 1 through 6, located on the east half fronting on Fourth Avenue, and a"Parking Reserve"on the west half fronting on Third Avenue(Seward Anchorage Highway). There was also a 20 foot public walkway east and west between Lots 2 and 3. (see full plat 66-89 attached) North - wrenorwcr '"7" .1; "I"; ..L Yi v.w.xc ase..-� $ aK SEW000 SMALL• SOOT x1OSOO In 1975 the City submitted a replat of Block 1. The City requested the "Parking Reserve" be removed to create two new Lots 7 and 8 for commercial development. The wast property line of I Lot 1 was relocated 14 feet further to the west to accommodate the structure located on then Lot 1. A 20 foot Utility Easement was established the full north/south length of Block 1. A 15 foot sewer easement was established between Lots 1 and 2. Plat 76-32 was approved and recorded January 9, 1976. (see full plat 76-32 attached) North re, I zi' y=i1, . a... `". ..w In the late 1970's and 1980's this area was developed as follows with the Breeze Restaurant on Lots 3 and 4, the Bardarson Studio& House of Diamond Willow on Lot 5, The Breeze Inn Motel on Lot 8. Sailing, Inc. boat repair was located on Lot 7. Lot 6 contained the original Marina Restaurant constructed in approximately 1956 and added onto in 1988. 1 History and Platting of Block 1, Marina Subdivision There were rear access issues to the Bardarson Studio and House of Diamond Willow which were brought before Council on October 24, 1988. (see attached Council minutes) Council requested to be kept informed of the negotiations between the neighboring lease holders to resolve the rear access issue. In 1996 Juris Mindenbergs requested a replat of Lots 3, 4 and 8, vacating the interior lot lines and creating one lot to be known as Lot 3A. Lot 3A retained the 20 foot utility easement running north and south. (see the full 96-24 replat as attached) ij North In 1998 the lease holder of Lots 1 and 2, Block 1 completed the process of vacating the interior lot line between lots 1 and 2 creating a single lot to be known as Lot 1A, Block 1 Marina Subd. The replat was recorded on November 4, 1998. (see full plat 98-28 as attached) r ... ,$ ,, North Lot IA M {Z In 2005, Juris Mindenbergs requested a replat of Lot 3A and Lot 7, vacating the interior lot lines combining the lots and creating a 74,180 square foot parcel to be known as Lot 3B. The current Breeze Inn Motel, parking lot and restaurant are located on this parcel. This replat was approved and recorded on July 27,2005. (see full plat 2005-8 as attached) r History and Platting of Block 1, Marina Subdivision 4 1 • I North i n I In 2000 the City replatted the Small Boat Harbor, to include portions of the East and West sides of Fourth Avenue. Within this replat Lot 5, Block 1 of the Marina Subdivision was included. Lot 5 was replatted into two (2) lots each containing 4,252 square feet to be known as Lots 5A and 5B. Also platted were a 10 foot utility easement on the west property line of both Lots 5A & 5B and a 5 foot (half) easement on the north property line of Lot 5A. This plat was approved and recorded December 13, 2000. (see full plat 2000-19 as attached). NV liTA ALaska Railroad 9090 axo" ' s 0 a IA lam. .. 3 {..."->2-_— ' fJ.. T2 � � - ..... I Lot 16 1 0 BaP i_--r ��9 19 { ' • K]: 1.'x 3P[+l11 J, b,ANT 1103154 i .we } - \i.ii -{ ' ff -. - 1 ,.0 0 e Block 6 ■i 15 tY 1a FtFi o=.'= ',a 1( 7A ��` __ .. a s.o,..•.oar,a.,+o ool.a q _ Lot 17 ,,R R _ 0.,,.� a.1 315 —i F.„Qurlh T A. , 3 1 rt 1 Lot 2,,_,,,,,,T,.,„_.,1 , 1 I --t( One bT 0 3 '�'eeR v o�:, aes sa }h f 4-T4,1.,,,:•• Avenue - Block 10 = I � , �� _ ' , _. _. - -- LL E ( — jib lax:» ew .t,,._�s �Y:a rIe WV" 9 —$1r� & r 16r( Lot11 2 a.e a ry e i "s, r k i:1 ___ tt_ofaai j)s P 7! Block 8 7 3H'_' . - --h { tin K 7 aa...r ,e«. 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'p 34 {FF{�{(�� 3 1- F 6 E !i ' * �w.a 3 <Li«,_ i3 Q I V �±Z - tz 1 z _ r w •8: M s [ e .,!MIMEO ':3 _1 lf .s. a, 1p — - s , .3A,„%-.'•1 / / fi .5',,3.vc,LOPS .1'. •, f1,Ia,IKtC,la51 ) ; j C �f G y I ZD Z.,Y:C<.ac<an / - i 3 j '? i pmap� I a ;° ? e n Ii,I I I / i 3 z 2 2 t __ o Y <g Q f!t is • III `n _ .s s �Q i kl ,, s 8 $ 3 _ 3 g rg [.,, 1 `', _ .. .. _ L. _ i a 3 �± / o • ` . 6. • o _ _ icte/t /4 • ;„. : ` , . . I. To Seward City Council From Bardarson Studio and House of Diamond Willow Dot and Linne Bardarson dba Bardarson Studio and Polly and Jerry Lorz dba House of Diamond Willow are requesting vehicle access to the service areas of their two businesses. We are asking access over a portion of the city's utility easement. �C Bardarson Studio needs access for: Deliveries of large sheets of glass 40 X 60 sheets of fome-cor 32 X 40 heavy boxes of mat board store inventory from UPS and the post office daily deliveries by the owner Fuel tank is at the service entrance. Garbage pick-up is at back of store. Pick-ups by Federal Express Parking for owner and 2 employees Fire escape and rescue * House of Diamond Willow needs access for: Deliveries of clay and other supplies for ceramics classes store inventory and supplies Garbage pick-up Pick up by Federal Express Parking by owner and I employee Fire escape and rescue * Sailing, Inc. needs our property for maneuvering the boat-lift when delivering boats to its garage. tit Zoo PACE 200 :`' REGULAR MEETING - OCTOBER 24, 1988 ViL.UME 23 `" None X. PRESENTATIONS WITH PRIOR NOTICE ONLY: CITIZENS' DISC: A. JAMES L. KNUDSON, 227 Fifth Avenue, Seward, (Knudson - Pro- presented Council with his proposal to lease an 18-acre parcel posed golf of city-owned property fronting the Seward Highway between course) Diamond and Hemlock Streets in order to develop and operate a recreational facility consisting of a 9-hole, par-3, golf course; a covered rifle and pistol range; covered tennis court and a mini-mall. In response to a question from O'Brien, he stated that he would invest $300,000 in the project through June, 1990. Simutis stated that the concept was exciting, but was concerned that this might not be the highest and best use of the property. Knudson noted that city administration officials had informed him that the city had designated this property as the future site of the city shop facility. In response to inquiries from Hilton concerning other possible locations for the city shop, Diener stated that a portion of the area adjacent to the substation had been deeded to the borough for the school. In addition, the property near the landfill was unsuitable because water and sewer were not available and the property itself would be difficult to develop. Knudson stated that he had contacted various cruise ship lines and they had expressed support for his plans. Gieseler asked if Knudson had discussed this proposal with Cary Marshall, another local prospective golf course developer. Knudson stated that he had been unable to meet with him prior to the meeting. In response to a question from Gieseler, Gates stated that, based on a conservative figure of $0.18 per square foot, the property would lease for approximately $150,000 annually. Schaefermeyer asked that the Council allow the administration the opportunity to put together a nrnrandum setting forth the advantages and disadvantages of the proposed development before the Council went on record with instructions to proceed with lease negotiations. Gieseler stated that the Council would like to see the administration meet with Knudson and attempt to "work something out" with him before coming back to the Council with a recommendation. ,.._.. �... .._�...-.w.._ CITIZENS' DISC: B. LII BARDARSON and GERRY DDRZ, representing (Bardarson - their Small Boat Harbor businesses (Bardarsoxnrs Studio and House SBH Access of Diamond Willow, respectively) asked Council's help in resole- Problems) ing an access problem they were having in the Boat Harbor. Bardarson, speaking for both businesses, stated that he and Lorz had each constructed businesses in the Boat Harbor this past Spring. He stated that his wife had inquired about access to the back of the lease site early on during negotiations and had CSE1549',4 Q0)e 201 rrr PAGE 201 REGULAR MEETING - OCTOBER 24, 1988 VOLUME 23 been told by Administrative Assistant Martin that he would pursue the matter of an access easement. However, it was later determined by Martin that an easement was not possible and he suggested that Bardarson and Lorz pursue an agreement with the owners of Quest Charters and Sailing, Inc., to access the back of Lot 5 across their properties. Bardarson distributed copies of correspondence and photographs of the lease site. He stated that Quest Charters i has now installed posts to block access from the North. He �y asked Council's help in obtaining the requested access. In response to a question from O'Brien, Bardarson stated that he had not inquired about "leasing" a right-of-way corridor from Quest Charters or Sailing, Inc. Meehan suggested the use of leverage with the lessees to the North since they must utilize the Bardarson/Lori lease site when bringing boats into their lots. Gieseler asked that the Council be kept informed of the status of the Bardarson/Lorz attempts to gain access to their properties. . LORI DRAPER and ANDY PATAPOFF, representing the CITIZENS' DISC: Seward Chamber of Commerce, asked Council support of the Charm- " (Chamber of Corn. tier's efforts to trove its offices and the Information Cache from Reps. - Moving the downtown area to city-owned property located on Third Avenue Chamber offices) just north of Gateway Texaco. Draper stated that NBA would be constructing a new facility this Spring and she had submitted a proposal to the management committee that the bank donate the currently-used modular structure to the Chamber for use as office space. Patapoff stated that a poll of Chamber members had indicated that most members favored moving the Information Cache, and of those voting to trove it, most favored the request- ed site. Draper noted that the present Information Cache site would probably be converted to a small park. Schaefermeyer stated that he could not provide the Chamber with a site until the Small Boat Harbor mapping was complete. He noted that the area in question was the site of various underground utilities, adding that these must be taken into account before determining where either the offices or the Cache could be located. In response to a question from Hilton, Schaefenneyer stated that the area under consideration is currently utilized for boat storage, not parking. Responding to a question from O'Brien, Patapoff stated that funds for moving the facilities would come from grants, not the city. O'Brien stated that he felt the Cache should remain in its present location. He stated that the museum, scheduled to move to its new location directly across the street from the Cache, would be an additional tourist draw which would bring 1111:1111:111111 P c' Lb t 5 Bi2trji 1 4,pie , 02 009 S TABLE OF CONTENTS ARTICLE 1 - LEASED LAND 1 1.1 Description of Leased Land 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title 1 1.3 Reserved 1 1.4 Property Accepted 2 1.5 Permits 2 1.6 Platting 2 ARTICLE 2- LEASE TERM 2 2.1 Lease Term 2 ARTICLE 3- RENTAL RATE 3 3.1 Initial Rental Rate 3 3.2 Rental Adjustments 3 3.3 Procedure for Rental Adjustment 3 3.4 Effect of Late Appraisal by CITY 4 3.5 Appraisal by LESSEE 4 3.6 Effective Date of Adjusted Rental Rate 5 3.7 Interim Rental Adjustments 5 3.8 Late Payment Charge 5 ARTICLE 4- USE OF LEASED LAND 5 4.1 Use of Leased Land 5 4.2 Obligations of LESSEE 6 4.3 No Preferential Rights to Use Public Facilities 6 4.4 Adequacy of Public Facilities 6 4.5 Tariffs and Other Service Fees 6 4.6 Time for Payment of Utilities and Taxes 6 4.7 Other Uses 6 ARTICLE 5-UTILITIES AND RIGHTS OF ACCESS 7 5.1 Utilities 7 5.2 Third-Party Improvements 7 5.3 Easements 8 5.4 Limited Access Easement 8 Jr ARTICLE 6- CONSTRUCTION BY LESSEE 8 6.1 Improvements on Leased Land 8 6.2 City Review of Construction 10 ARTICLE 7-RETURN OF LEASED LAND/SITE CONDITIONS 10 7.1 Return of Leased Land in Original Condition 10 ARTICLE 8- FORCE MAJEURE 10 ARTICLE 9- LESSEE'S ACTS OF DEFAULT 10 ARTICLE 10-REMEDIES FOR DEFAULT BY LESSEE 12 ARTICLE 11 -TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 13 17 a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than portable equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development ofthe Leased Land and adjacent lands,it may be necessary,desirable or required that street,railroad,water,sewer, drainage, gas, power line and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other,join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate,necessary, or required by the several governmental agencies(including the City of Seward),public utilities and other users or tenants of CITY land for the purpose of granting such easements and dedications; provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations.The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad, utility, or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. 5.4 Limited Access Easement. The CITY reserves a limited easement across the West fifteen(15)feet of the Leased Land, for the limited use of and by the CITY for emergency and utility access, and for access by other owners or lessees of parcels on Block 1,Marina Subdivision and Seward Small Board Harbor Subdivision for the limited purposes of emergency use,deliveries and owner/employee parking. LESSEE agrees to keep this easement clear of obstructions,but LESSEE assumes no responsibility for snow removal. ARTICLE 6- CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct,rebuild,build and/or replace buildings and other improvements on Stir po8 2- � Resolution 2014-076 public hearing: Monday, September 22,2014 It has come to my attention that Scotty Bald has a prospective buyer for the corner property that is the Marina Restaurant in the Seward boat harbor. There is an access problem that needs to be addressed, due to the fact that the plats for 3 adjacent properties do not include an alley. As I understand it,the only time this change could be made in the lease agreement is when properties change hands,like now. History: The plat of(what used to be)Linne's and my property in the boat harbor does not include an alley. I didn't realize this until we had built Bardarson Studio in 1988. We leased the property from the city. Jerry Lorz and I divided the lot so each of us could have half for our buildings. We shared the front deck, designed to encompass both businesses. We also shared the common problem of having no access to our businesses in the back. There is a utility easement only, with a cyclone fence running down the middle of it. (I`m not sure about the exact outline of the easement but its not wide enough for a vehicle) Neverthelesss it became apparent from the start,the need to negotiate with the Marina Restaurant to allow our cars to come and go through the back of their property. We had used this route since 1988. In 1997 I began to pay House of Diamond Willow and the Marina Restaurant(then owned by Joe Kim) $240 a year each for the privilege of driving through. House of Diamond Willow also paid the Marina Restaurant$240.00. This arrangement worked fine until the owner of House of Diamond Willow(Dan Lors)put up a barricade to prevent our use of the delivery route to Bardarson Studio. Scottie Bald ultimately put up a barricade to prevent Dan's access. Tempers flared. Running a business without a delivery'access is disruptive to say the least,not only to the affected business, but to the ambiance of customers, since everything now has to enter through the front door. It also restricts access of service vehicles which would be better served by a rear entrance. These might include garbage pick-up, fire trucks,ambulances, as well as UPS,FED- EX,city utilities,and of course, owners and some employees. Presently the garbage truck has to double park on 4th Ave. in front of the Darling property while garbage is hand carried from 4th Avenue, down the side of the building and around to the back door, whereas when the building had access at the back, the garbage truck was able enter from the back. Parking is limited on 4th Avenue. To use it for service vehicles disrupts the flow of traffic and is inconvenient. In 2005 I sold Bardarson Studio to Urie Mindenberg who owns the Breeze Inn Hotel. Since they were adjacent,he was able to configure access to the building through his property, but he was not willing to extend it to the Darling property. Here is ci s I ' ' pportunity to make things right. The Darling property is land-locked. The cierybcrgritainly is for 1e. If the lease remains as it has been, the owner in the middle will be - •- - y o the one on the corner(presently, Marina Restaurant).Now is the time to stipulate that access to he other 2 properties by being included in the sale agreement and the lease agreement. 2 , . I ZZ Respectfully submitted, Dot Bardarson PLANNING OFFICE .) 20